06/03/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2008-CA-00688-SCT

The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTC, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey; Consolidated with 2008-IA-01762-SCT DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley; DeSoto Circuit Court; LC Case #: CV2008-0175CD; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Pierce, J. Disposition: As to 2008-CA-00688-SCT - Estate of Johnson v. Graceland Care Center of Oxford, LLC; Reversed and Remanded. As to 2008-IA-01762-SCT- Desoto Healthcare, Inc. v. Conley; Affirmed and Remanded. As to 2008-CA-00688-SCT - Appellees taxed with costs of appeal. As to 2008-IA-01762-SCT - Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Rhonda Yeager v. David Kittrell; Wayne Chancery Court; LC Case #: 2003-298; Ruling Date: 10/21/2008; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for writ of certiorari filed by Rhonda Yeager is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. Not Participating: Pierce, J. Order entered.

Kenny Barnes a/k/a Kenneth Barnes v. Department of Human Services, State of Mississippi; Franklin Chancery Court; LC Case #: 2008-129; Ruling Date: 02/18/2009; Ruling Judge: Debbra Halford; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only. Waller, C.J., Concurs in Part and in Result With Separate Written Opinion Joined by Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ. Randolph, J., Dissents With Separate Written Opinion. Concurring in Part and in Result Opinion: Waller, C.J. Votes: Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ., Join This Opinion. Dissenting Opinion: Randolph, J.

Richard A. Prewitt v. City of Oxford, Mississippi, Oxford Municipal Court and Lawrence L. Little; Lafayette Circuit Court; LC Case #: L08-769; Ruling Date: 04/16/2009; Ruling Judge: Albert Smith, III; Disposition: Appellant's "Motion for Recusal of the Supreme Court Justices for En Banc Consideration of the Appellant's Motion for Rehearing by the Supreme Court Justices and for This Court to Request, If the Parties Cannot Agree on Replacements, that the Governor Appoint Special Justices Under Section 165 of the Mississippi Constitution," is denied. Order entered.

Richard A. Prewitt v. City of Oxford, Mississippi, Oxford Municipal Court and Lawrence L. Little; Lafayette Circuit Court; LC Case #: L08-769; Ruling Date: 04/16/2009; Ruling Judge: Albert Smith, III; Disposition: Motion for Stay of the Mandate Pending Application to the U.S. Supreme Court for a Petition for a Writ of Certiorari is denied. Order entered.

Richard A. Prewitt v. City of Oxford, Mississippi, Oxford Municipal Court and Lawrence L. Little; Lafayette Circuit Court; LC Case #: L08-769; Ruling Date: 04/16/2009; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by appellant is denied.

Madison HMA, Inc. d/b/a Madison Regional Medical Center v. St. Dominic-Jackson Memorial Hospital; Madison Chancery Court; LC Case #: 2008-972-B; Ruling Date: 05/05/2009; Ruling Judge: Cynthia Brewer; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar and Kitchens, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Chandler, J., not participating. Dissenting Opinion: Pierce, J. Votes: Graves, P.J., Joins This Opinion.

The Mississippi Bar v. Bobby B. DeLaughter; Disposition: Bobby B. DeLaughter is hereby permanently disbarred from the practice of law in the State of Mississippi. This Order shall constitute notice of permanent disbarment in this cause. Order entered.

The Mississippi Bar v. Bobby B. DeLaughter; Majority Opinion: Graves, P.J. Disposition: Bobby B. DeLaughter is hereby permanently disbarred from the practice of law in the State of Mississippi. This Order shall constitute notice of permanent disbarment in this cause. Bobby B. DeLaughter taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.